Subject Well, Inc. and its group entities ("SubjectWell", "we", or "us") offer clinical trial participant recruitment services (the "Services"). This Privacy Policy sets out how we use and protect your Personal Information and your rights and choices with regard to that information. This Privacy Policy applies to Personal Information collected by or on behalf of SubjectWell, including information collected through our website:https://www.trialsearch.com and mobile versions of our website (collectively "the Site") or anywhere else we display this Privacy Policy. It also applies to information collected by or through our Services, which may include by phone, text message, email, the Site or other communication mechanisms.
To the extent you are a parent, guardian, caretaker or other authorized representative of another individual (such as a minor) and register for the Services on that person's behalf, you represent that you are legally authorized to take such actions and to disclose the individual's Personal Information. In such case, statements in this Privacy Policy directed to registered users of the Services apply to the person whose Personal Information you provided.
By visiting the Site or using the Services, you accept and consent to the terms of our Privacy Policy in effect at the time of your visit or use.
For purposes of this Privacy Policy, "Personal Information" means information that directly or indirectly identifies you or can be used to identify you as an individual.
When you use the Site or otherwise communicate or interact with us through the Services, we collect information that you provide to us directly. For example, we collect information in the following circumstances: when you contact us; when you register for and engage with our Services; and when you otherwise communicate with us. Occasionally, you may choose whether or not to provide or disclose Personal Information in connection with your use of the Services. If you choose not to provide the Personal Information we request, you may still visit and use parts of the Site, but may be unable to access or use certain features, options, programs, and services of the Site. In addition, as we need certain Personal Information for the performance of the Services, the consequence of not providing such information might be that the Services cannot be provided as requested.
The Personal Information you provide to us may include the following:
A subset of personal information we may collect “sensitive personal information,” as defined by applicable law, and includes health conditions and other medical record information relevant to the clinical trial opportunities. The business or commercial purpose for which it is collected is for our operational purposes and performing services you request. When applicable, we will obtain your consent or authorization before accessing such information, in accordance with applicable law.
In addition, where you decide to participate in a clinical trial, then any information you provide as a participant in that trial is subject to the informed consent form that you complete.
Certain information is collected automatically on the Site by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Site. Alone or in combination with other information, such automatically collected information may constitute Personal Information. Some of our service providers (described in Section V., below) may use cookies or other methods to gather information regarding your use of the Site and to track your activities over time and across sites to provide advertising services to us.
| Type of Cookies | Description | Managing Settings |
|---|---|---|
| Required cookies | Required cookies enable you to navigate the Site and use its features, such as accessing secure areas of the Site and using our services. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into our Site, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into the Site and to process your online transactions and requests. | Because required cookies are essential to operate the Site, there is no option to opt out of these cookies. |
| Performance cookies | These cookies collect information about how you use our Site, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. Information is only used to improve how the Site functions and performs. From time-to-time, we may engage service providers to track and analyze usage and volume statistical information relating to individuals who visit the Site. We may also utilize Flash cookies for these purposes. | To learn how to opt out of performance cookies using your browser settings, click here. To learn how to manage privacy and storage settings for Flash cookies, clickhere. |
| Functionality cookies | Functionality cookies allow our Site to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Site after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. We may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on the Site to personalize your visit. | To learn how to opt out of functionality cookies using your browser settings, click here. To learn how to manage privacy and storage settings for Flash cookies, clickhere. |
| Targeting or Advertising cookies | From time-to-time, we may engage service providers to track and analyze usage and volume statistical information from individuals who visit the Site. We sometimes use cookies delivered by service providers to track the performance of our advertisements. For example, these cookies remember which browsers have visited the Site. By way of example, as you browse the Site, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with advertising on other sites based on your previous interaction with the Site. Service providers, with whom we partner to provide certain features on the Site or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. | To learn more about these and other advertising networks and their opt out instructions, click here. To learn how to manage privacy and storage settings for Flash cookies, clickhere. |
Some browsers have a "Do-Not-Track" feature that lets you tell websites that you do not want to have your online activities tracked. When you choose to turn on the Do-Not-Track setting in your browser, your browser sends a signal to websites, analytics companies, ad networks, plug-in providers, and other web services that you may encounter while browsing the Internet, instructing them to stop tracking your activity via cookies or other online tracking technologies. While we continue to evaluate this evolving technology to implement such capabilities, the Site does not currently respond to browser based Do-Not-Track signals. For information regarding Do-Not-Track and how to enable this setting if available on your devices, please see https://allaboutdnt.com.
We may also obtain data from third-party sources such as a registrant's authorized representative or guardian, our customers or vendors such as data providers.
We may use Personal Information obtained through the Services in the following ways:
To contact you regarding other treatment options, refer you to other trial sites and other related purposes;
If you register for our Services, SubjectWell uses algorithms that enforce criteria to select the clinical trial most suitable to you, which is the service that you (as the data subject) request from SubjectWell. The decision on the clinical trial matching is therefore necessary for the performance of the contract between you and SubjectWell. Furthermore, our patient recruitment marketplace is voluntary and when you choose to participate and disclose your information to us, you also provide your explicit consent, which is freely given and can be withdrawn at any time by contacting us through the contact details further below.
The logic that is used for the decision-making is created by SubjectWell employees reviewing study protocols that define inclusion/exclusion criteria for study eligibility. The SubjectWell systems then enforce these criteria based on the responses collected during the phone screening process. The most important consequences of the automated decisions in question is that you will or will not have the opportunity to participate in a clinical trial.
In order to safeguard your rights and freedoms and legitimate interests, you have the right to obtain human intervention on the part of SubjectWell, to express your point of view and to contest the decision.
Also note that we only provide clinical trial participant recruitment services and are not involved in clinical trials or informed about the results. Therefore, SubjectWell does not determine the purposes or means of the further processing of your Personal Information, including your health information, by principal investigators, clinical research sites or clinical trial service providers once you are brought in contact with them.
We may disclose Personal Information you provide to us or that we collect automatically on the Site or in and through the Services with the following categories of third parties:
Once you register for our Services, if you have opted in to certain communications, you may be contacted at the phone number you provide including wireless number (if provided), by a representative of SubjectWell or its database administrator. You may opt out of these calls or texts at any time by sending an email to privacy@subjectwell.com or by calling (844) 612-6317. If you would like to stop receiving text messages, you may text STOP in reply to any messages that you receive.
With your consent (unless otherwise permitted by applicable law) we use the Personal Information you provide us to send you information on our products and Services and other information based on the interests that you have indicated to us. You have the right to opt out of getting those messages. If you do not wish to receive these messages, click the unsubscribe link in your email. Please note that these selections are not permanent; they may be changed in the event you register for other Services or communications and consent to receive marketing messages. Please also note that even if you unsubscribe from commercial email messages, we may still email you non-marketing emails related to your account or the Services for which you have registered. You may also email us at privacy@subjectwell.com for assistance.
The Site may contain links to other sites, which are not owned or operated by us or our affiliates. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply our endorsement of the linked site. Other sites may also reference or link to our Site. If you provide any Personal Information through a third-party website, your transaction will occur on such third party's website (not our Site) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We are not responsible for the privacy practices or the content of such third-party websites, including such websites' use of any Personal Information that you provide to them.
TheDepending on your state of residency, the information and rights in this section may apply to you. Please contact us at privacy@subjectwell.com if you have any questions about this Privacy Policy, including this section, or if you would like a printed copy of this Privacy Policy. You may also print a copy of this Privacy Policy by selecting the "Print" button in your web browser.
In accordance with various U.S. state laws such as the California Consumer Privacy Act of 2018 ("CCPA"), as amended by the California Privacy Rights Act (“CPRA”),the Colorado Privacy Act (including its implementing regulations) (“CPA”), Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), the Virginia Consumer Data Protection Act of 2021 (“VCDPA”), and the Utah Consumer Privacy Act (“UCPA”), this section describes the Personal Information we collected about California residents in the last 12 months, the sources of that information, our business or commercial purposes for collecting the information, and the third parties with whom we shared that information.
We collected the information listed in the table below from the following sources: directly from you, your authorized personal representative, or from third parties (such as medical providers or other entities you have authorized to share your Personal Information with us).
For purposes of this Privacy Policy, when we use the term “third party,” we mean entities that are not service providers or contractors providing services on our behalf and that are not entities with whom you interact directly.
In the last 12 months, we have collected and, disclosed for a business purpose each of the categories of Personal Information noted in the table below, to the categories of recipients listed. We do not share your personal information for cross-context behavioral advertising or sell your personal information for monetary or other consideration and have not done so in the last 12 months.
| Category of Personal Information | Categories of Recipients to Whom Personal Information Is Disclosed for Business Purposes |
| Identifiers, such as name, email address and other information. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
| California Customer Records (Cal. Civ. Code § 1798.80(e)), such as birthdate and Payment Information. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
|
Protected Classification Characteristics, such as age, ethnicity and gender. |
Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
| Commercial Information, such as Shopping History and other information relating to your hobbies, interests and shopping behavior. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
|
Internet/Network Information, such as IP address, Device Information, and Log and Analytics Data. |
Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
| Geolocation Data, such as Location Information from your device or estimated based on your IP address. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
| Sensory Information, such as audio, electric, visual, thermal, olfactory, call recordings, or similar information. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
| Other Personal Information, such as information you post on our Platform or on social media pages, and information you submit to us. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
| Inferences, such as predictions about your interests and preferences. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
| Sensitive Personal Information, such as: Social Security number, driver’s license number, state identification card, or passport; account log-in credentials; financial account, debit or credit card number with any required PIN or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; content of mail, email or text messages where we are not the recipient; genetic data; information concerning a consumer’s health, sex life or sexual orientation. | Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents |
Please refer to the section of this Privacy Policy above titled PURPOSES FOR OUR COLLECTION AND USE OF PERSONAL INFORMATION for descriptions of the business or commercial purposes for which we collected the information.
Under various U.S. state privacy laws, residents of certain states have certain rights with regard to their Personal Information. Those rights may only apply in certain circumstances and may be subject to limitations or exceptions. A summary of those rights is provided below as well as information on how to exercise your rights. Please note that we will require certain identifying information about you as necessary for us to verify your request in accordance with applicable law.
We will not discriminate against you for exercising any of the rights noted above. However, we may offer certain financial incentives, charge reasonable fees related to your requests (if such requests are manifestly unfounded, excessive, or repetitive), or deny your right to know, right to access, or right to deletion in accordance with applicable law.
You can exercise these rights yourself or you can designate an authorized agent to make a request on your behalf. If you would like an authorized agent to submit a request on your behalf, please send us an email at privacy@subjectwell.com for instructions and details on proof and information required for use of an authorized agent or select “Authorized Agent” when submitting the online form.
Under California Civil Code § 1798.83, California residents with whom we have a business relationship can request information about the types of personal information, if any, we shared with third parties for the direct marketing purposes of the third parties and the identities of the third parties with whom we shared such information in the immediately preceding 12 months. We do not share your Personal Information with third parties in this manner and have not done so in the last 12 months. You may request more information by contacting us using the contact information at the bottom of this Privacy Policy.
Where we process Personal Information pertaining to individual located in the European Economic Area ("EEA") or Switzerland, those individuals are entitled to ask us for an overview of the Personal Information we have about them and also to access, correct or delete certain Personal Information, restrict processing of their Personal Information, or to ask us to transfer Personal Information to other organizations. Certain individuals can also object to some processing of their Personal Information and, where we have asked for their consent, they can withdraw their consent at any time. Insofar as Personal Information about them is processed, certain individuals also have a right to know more about the protection we apply when transferring Personal Information to areas outside the EEA.
Note that we are not legally obligated to agree to such requests in all circumstances, and in certain circumstances, agreeing to a request may be infeasible - for example, a deletion request when we are required by law to maintain the Personal Information. Please also note that we are not able to act on any of the above requests if we are not in a position to identify an individual filing such request.
Where applicable, these rights can be exercised by completing the request form availablehere or by sending us an email through the contact details further below. Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning your Personal Information. We encourage you to first reach out to us at privacy@subjectwell.com so we have an opportunity to address your concerns directly before you do so. We are committed to compliance with the General Data Protection Regulation ("GDPR") where applicable, so please contact us through the details listed below if you have any questions about these rights.
SubjectWell is a U.S.-based company with domestic and international business clients. As a result, Personal Information that we collect through the Platforms may be transferred to our U.S. offices to permit us to comply with our legal and contractual obligations, to provide information and services to prospective and current clients, and to perform related business activities. In addition, we may work with third-party service providers in the U.S. and in other countries to support our business activities. Thus, Personal Information may be transferred to, stored on servers in, and accessed from the U.S. and countries other than the country in which the Personal Information was initially collected. In all such instances, we use, transfer, and disclose Personal Information solely for the purposes described in this Privacy Policy.
Subject Well, Inc. participates in and has certified to the EU-U.S. Data Privacy Framework and Swiss-U.S. Data Privacy Framework (collectively, "Data Privacy Framework") as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union (the "EU") or EEA member countries and Switzerland. SubjectWell has certified to the Department of Commerce that it adheres to the Data Privacy Framework Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. A violation of our commitment to Data Privacy Framework may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Data Privacy Framework Principles, the Data Privacy Framework Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification page, to the extent available, please visit https://www.dataprivacyframework.gov/s/.
In compliance with the Data Privacy Framework Principles, SubjectWell commits to resolve complaints about your privacy and our collection or use of Personal Information about you. Persons in the EEA or Switzerland who have inquiries or complaints regarding this Statement should first contact us via email at: privacy@subjectwell.com.
SubjectWell has committed to refer unresolved privacy complaints under the EU-U.S. Data Privacy Framework Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visithttps://www.jamsadr.com/eu-us-data-privacy-framework for more information and to file a complaint.
These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Data Privacy Framework Panel. Pursuant to the Data Privacy Framework, SubjectWell remains potentially liable for the transfer of Personal Information to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.
In cases of onward transfer to third parties of Personal Information of individuals in the EEA or Switzerland received pursuant to the EU-U.S. and Switzerland-U.S. Data Privacy Framework, SubjectWell is potentially liable.
We keep Personal Information for as long as it is needed to fulfill the purposes for which it was collected, to provide our Services, to deal with possible legal claims, to comply with our business interests and/or to abide by all applicable laws. If you register for our Services, we keep your Personal Information for ten (10) years from the point of collection in order to match you to a clinical trial. Thereafter, we either delete Personal Information about you or de-identify it. Please note that even if you request the deletion of Personal Information about you, we may be required (by law or otherwise) to retain the Personal Information and not delete it. However, once those requirements are removed, we will delete Personal Information about you in accordance with your request.
We follow generally accepted industry standards to protect the Personal Information we collect or process through the Platforms. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.
The Site is not intended for children under the age of 13. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age through the Site. If we become aware that a child under age 13 has provided Personal Information through the Site, we will delete such information from our files.
This Privacy Policy may change from time to time, effective from the date mentioned in the updated version of the Privacy Policy. Please check the Platforms periodically to review such changes in the Privacy Policy. We may email periodic reminders of our agreements and policies in the event of a material change.
If you have any questions about this Privacy Policy or about our privacy or data security practices, please contact us or our Data Protection Officer via the following:
E-mail:
privacy@subjectwell.com
Address: 8300 N MoPac Expy
Suite 300
Austin, TX 78759
USA
You can also contact our representatives in the European Union and United Kingdom:
European Data Protection Office (EDPO):
EDPO online request form: https://edpo.com/gdpr-data-request/
In writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium.
UK General Data Protection Regulation (GDPR) - UK Representative:
EDPO online request form: https://edpo.com/uk-gdpr-data-request/
In writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom.
